Quote:
Originally Posted by Finn_Jarber
Courts will probably strike it down
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Unlikely.
The current Supreme Court, where justified, believes in preserving executive discretion. This can be justified here because courts rely on precedent. The left cannot argue that this doesn't qualify as an emergency because there is a long list of prior emergencies that passed from several presidents without objection that you could argue are not emergencies at all, but that under the language of the law is permitted under Presidential discretion. The list of still active national emergencies include:
List of the 31 active national emergencies:
1. Blocking Iranian Government Property (Nov. 14, 1979)
2. Proliferation of Weapons of Mass Destruction (Nov. 14, 1994)
3. Prohibiting Transactions with Terrorists Who Threaten to Disrupt the Middle East Peace Process (Jan. 23, 1995)
4. Prohibiting Certain Transactions with Respect to the Development of Iranian Petroleum Resources (Mar. 15, 1995)
5. Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers (Oct. 21, 1995)
6. Regulations of the Anchorage and Movement of Vessels with Respect to Cuba (Mar. 1, 1996)
7. Blocking Sudanese Government Property and Prohibiting Transactions with Sudan (Nov. 3, 1997)
8. Blocking Property of Persons Who Threaten International Stabilization Efforts in the Western Balkans (Jun. 26, 2001)
9. Continuation of Export Control Regulations (Aug. 17, 2001)
10. Declaration of National Emergency by Reason of Certain Terrorist Attacks (Sept. 14, 2001)
11. Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism (Sept. 23, 2001)
12. Blocking Property of Persons Undermining Democratic Processes or Institutions in Zimbabwe (Mar. 6, 2003)
13. Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq has an Interest (May 22, 2003)
14. Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria (May 11, 2004)
15. Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus (Jun. 16, 2006)
16. Blocking Property of Certain Persons Contributing to the Conflict in the Democratic Republic of the Congo (Oct. 27, 2006)
17. Blocking Property of Persons Undermining the Sovereignty of Lebanon or Its Democratic Processes and Institutions (Aug. 1, 2007)
18. Continuing Certain Restrictions with Respect to North Korea and North Korean Nationals (Jun. 26, 2008)
19. Blocking Property of Certain Persons Contributing to the Conflict in Somalia (Apr. 12, 2010)
20. Blocking Property and Prohibiting Certain Transactions Related to Libya (Feb. 25, 2011)
21. Blocking Property of Transnational Criminal Organizations (Jul. 25, 2011)
22. Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen (May 16, 2012)
23. Blocking Property of Certain Persons Contributing to the Situation in Ukraine (Mar. 6, 2014)
24. Blocking Property of Certain Persons With Respect to South Sudan (Apr. 3, 2014)
25. Blocking Property of Certain Persons Contributing to the Conflict in the Central African Republic (May 12, 2014)
26. Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Venezuela (Mar. 9, 2015)
27. Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities (Apr. 1, 2015)
28. Blocking Property of Certain Persons Contributing to the Situation in Burundi (Nov. 23, 2015)
29. Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption in Myanmar (Dec 20, 2017)
30. Imposing Certain Sanctions in the Event of Foreign Interference in the 2016 presidential election (Sept 12, 2018)
31. Blocking Property of Certain Persons Contributing to the Situation in Nicaragua (Nov 27, 2018)
Emergency funding for a border wall is not in contradiction of any of these other existing items.
The Supreme Court will not rule against Trump on this, it will be built